The clearest message from CanAm’s recent panel on the Indian EB-5 market was that preparation matters more than speed. Peter Calabrese, Chief Executive Officer of CanAm Investor Services, was joined by three immigration attorneys with decades of combined EB-5 experience: Nicolai Hinrichsen, Managing Partner of the EB-5 practice at Miller Mayer; Rohit Turkhud, a Member at CSG Law; and Niral Patel, a Partner at KLDP. The conversation centered on how Indian nationals already in the United States can make a sound EB-5 decision as the September 30 grandfathering deadline approaches.
Two forces shaping the decision
Hinrichsen pointed to two drivers behind the current surge of interest. The first is the grandfathering provision in the Reform and Integrity Act, under which a petition filed before September 30, 2026 will still be adjudicated even if the program lapses. The second is retrogression, which he described as close to inevitable in the set-aside categories. Once a final action date arrives for Indian nationals, concurrent filing would no longer be available.
Source of funds sets the timeline
Each attorney returned to the same point: source of funds now takes longer and draws far more scrutiny. Patel noted that documentation which once took a week or two now runs closer to four to six weeks, as USCIS issues more requests for evidence, notices of intent to deny, and outright denials. His advice was to assess each investor’s situation realistically rather than force a filing. “Don’t rush for the sake of rushing,” he said.
Approvability comes before a priority date
Calabrese framed the central discipline of the session: no effort to file before the deadline should come at the expense of a petition’s approvability. A secured priority date offers little if the underlying petition is likely to be denied, particularly given current adjudication trends.
The concurrent filing window
Because filing dates are current, Indian investors in the United States can file concurrently and obtain work and travel authorization. Hinrichsen advised most clients to maintain their existing H-1B or F-1 status where possible rather than rely on the employment authorization document, noting that advance parole now carries an 18-month validity. Turkhud added that visa timing cannot be reliably predicted, and that filing dates and final action dates are distinct and often confused.
A path after September 30
The panel closed on a steadying note. Hinrichsen described the year between September 30, 2026 and September 30, 2027 as “not no man’s land,” with viable strategies still available and broad confidence in reauthorization. Patel said investors who file later should still be in a sound position. As Calabrese put it, “the sky has not fallen” for those whose timeline requires more time to prepare a strong petition.
The shared recommendation was consistent: engage an experienced immigration attorney now, since source of funds work takes the longest, and let that work proceed in parallel with selecting a regional center.
Watch the full conversation
The complete roundtable is available on demand.
About CanAm Enterprises
CanAm Enterprises has more than 30 years of experience in investment-linked immigration, including over 20 years in the EB-5 program. CanAm has raised more than $4.1 billion for EB-5 projects and repaid more than $2.5 billion to investors across 75+ projects and 11 regional centers spanning 30-plus states.
Contact: (212) 668-0690 | info@canamenterprises.com | www.canamenterprises.com
Speakers
Host · Chief Executive Officer, CanAm Investor Services
Peter Calabrese is the Chief Executive Officer of CanAm Investor Services, LLC, the FINRA registered broker-dealer affiliate of CanAm Enterprises, one of the most successful regional centers in the EB-5 program’s history. Prior to joining CanAm in 2015, Mr. Calabrese worked for 15 years in institutional sales and trading, focusing on equity derivatives and volatility products with firms including ICAP and WallachBeth Capital. He earned a Bachelor’s degree in Business Economics from Brown University and holds FINRA Series 7, 24, 63, and 66 licenses.
Partner, KLDP LLP
Niral Patel is a Partner at KLDP LLP, based in the firm’s New York office, where he leads its Indian and Middle Eastern practice group. He works regularly with investors and migration agents across India and the UAE, advising prospective EB-5 investors on long-term immigration strategy, including source of funds, children aging out, and how EB-5 works alongside the H-1B, L-1, and J-1 visas. On the corporate side, he advises on regional center formation, EB-5 structuring and financing, and the full lifecycle of a project, working closely with securities attorneys, economists, and business plan writers on compliance. He also counsels investors caught in failed or fraud-affected EB-5 projects and has federal court experience, including mandamus actions and a successful challenge to an H-1B denial. He is a frequent speaker on H-1B to EB-5 and South Asian investor topics, including at IIUSA events. Mr. Patel earned his J.D. from the University of the Pacific, McGeorge School of Law, and his B.A. from the University of California, Davis.
Member (Partner), Chiesa Shahinian & Giantomasi PC (CSG Law)
Rohit Turkhud is a Member (Partner) in the Immigration Law Group at Chiesa Shahinian & Giantomasi PC (CSG Law), one of the leading full-service law firms in the United States. He focuses his practice on employment-based immigration matters and is regularly engaged by HR directors and business leaders for counsel on immigration policies and procedures, including matters related to H-1B, PERM labor certifications, EB-5 investment immigration, and L-1 intracompany transferees. Mr. Turkhud was promoted to Member in July 2025, having previously served as Counsel with the firm. He has over 30 years of experience in immigration law and nearly a decade of specialized expertise in the EB-5 program. Prior to joining CSG Law, he practiced at a global immigration law firm, and earlier in his career served as a senior executive for numerous IT companies, giving him unique insight into the challenges faced by H-1B visa holders and international professionals seeking U.S. work authorization. He is a frequent speaker on business immigration issues, especially EB-5 matters.
Managing Partner, Miller Mayer, LLP
Nicolai Hinrichsen is the Managing Partner of the EB-5 Practice Group at Miller Mayer, LLP, a nationally recognized immigration law firm based in Ithaca, New York. He has led the firm’s EB-5 practice since joining as Managing Partner in 2007, and Miller Mayer has been counseling EB-5 investors and regional centers since the program’s earliest years. Mr. Hinrichsen has extensive experience representing individual EB-5 immigrant investors, regional centers, and developers across a wide range of project types, including hotels, infrastructure, and mixed-use development. He brings particular depth in the Chinese and Indian investor markets and is a frequent speaker at major industry conferences, including events hosted by Invest in the USA (IIUSA). Prior to joining Miller Mayer, Mr. Hinrichsen practiced corporate and securities law at Sidley Austin, where he advised clients on registered and private securities offerings. He was named to EB5 Investors Magazine’s list of Top 25 EB-5 Immigration Attorneys in 2021. Mr. Hinrichsen is recognized for his ability to combine a rigorous foundation in immigration law with an understanding of complex deal structures, making him a leading voice on the evolving EB-5 regulatory landscape.
